2018 New Mexico Statutes
Chapter 1 - Elections
Article 10 - Ballots and Ballot Labels
Section 1-10-6 - Ballots; name to be printed; candidates with similar names.
In the preparation of ballots:
A. the candidate's name shall be printed on the ballot as it appears on the candidate's certificate of registration that is on file in the county clerk's office on the day the governor issues the proclamation for the primary election; and
B. if it appears that the names of two or more candidates for any office to be voted on at the election are the same or are so similar as to tend to confuse the voter as to the candidates' identities, the occupation and post office address of each such candidate shall be printed immediately under the candidate's name on the ballot.
History: 1953 Comp., § 3-10-11.6, enacted by Laws 1977, ch. 222, § 29; 1979, ch. 378, § 12; 1981, ch. 143, § 2; 1993, ch. 314, § 52; 1993, ch. 316, § 52.
Cross references. — For position of names on ballots, see 1-8-59, 1-10-3, 1-10-8 and 1-10-8.1 NMSA 1978.
1993 amendments. — Identical amendments to this section were enacted by Laws 1993, ch. 314, § 52 and Laws 1993, ch. 316, § 52, both effective June 18, 1993, and both approved on April 8, 1993, which substituted "certificate" for "affidavit" in Subsection A and made a minor stylistic change in Subsection B. The section was set out as amended by Laws 1993, ch. 316, § 52. See 12-1-8 NMSA 1978.
Purpose of "similar name" statute is to prevent voter confusion. 1963-64 Op. Att'y Gen. No. 64-25.
Section is remedial in nature and should receive liberal construction. 1963-64 Op. Att'y Gen. No. 64-25.
On same ballot but different offices. — When two or more candidates for different offices but whose names will appear on the same ballot are the same or are so similar as to tend to confuse the voter as to their identity, the occupation and address of each such candidate is to be printed under such candidate's name on the ballot. 1963-64 Op. Att'y Gen. No. 64-25.
Same ballot and same office. — When two or more candidates with the same or similar names are running for either the same or different offices and whose names will appear on the same ballot, the occupation and address of each candidate for the office or offices involved is to be printed on the ballot. 1963-64 Op. Att'y Gen. No. 64-25.
Present principal occupation. — The occupation which is to be listed on the ballot is the candidate's present principal occupation. 1963-64 Op. Att'y Gen. No. 64-25.
